Frank Shorter
Track Classic
PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT
For and in consideration of
Troop Events Athlete Management (“T.E.A.M”) allowing me, the registrant, to
participate in the Frank Shorter Track Classic event I am registering for
herein (the “Event” or “Events”); I, for myself, and on behalf of my spouse,
children, guardians, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors and assigns, hereby
agree to and make the following contractual representations pursuant to this
Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
(the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18)
years of age (or this Agreement is also agreed to by my parent, natural
guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in
proper physical condition to participate in the Event; and (iii) I am not under
the influence of alcohol or any illicit or prescription drugs which would in
any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to
determine whether I am sufficiently fit and healthy enough to participate in the
Event, that I am responsible for my own safety and well-being at all times and
under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track
& field, road running, race walking, cross country, mountain, ultra, and
trail running Events is inherently dangerous and represents an extreme test of
a person’s physical and mental limits. I understand and acknowledge the risks
and dangers associated with participation in the Event and sports of track
& field and related activities, including without limitation, the potential
for serious bodily injury, sickness and disease, permanent disability,
paralysis and loss of life; loss of or damage to equipment/property; exposure
to extreme conditions and circumstances; contact with other participants,
spectators, animals or other natural or manmade objects; dangers arising from
adverse weather conditions; imperfect course or track conditions; land, water
and surface hazards; equipment failure; inadequate safety measures; participants
of varying skill levels; situations beyond the immediate control of the Event
Organizers (as defined in Section 4 below); and other undefined, not readily
foreseeable and presently unknown risks and dangers (“Risks”). I understand
that these Risks may be caused in whole or in part by my own actions or
inactions or the actions or inactions of others participating in or organizing
the Event, and I hereby expressly assume all such Risks and responsibility for
any damages, liabilities, losses or expenses which I incur as a result of my
participation in any Event, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties (as defined in Section
4 below).
3. I agree to be familiar with and to abide by the Rules and
Regulations established for the Event, including but not limited to the
Competition Rules adopted by USA Track & Field and any safety regulations
established for the benefit of all participants. I accept sole responsibility
for my own conduct and actions while participating in the Event, and the
condition and adequacy of my equipment.
4. I hereby release, waive and covenant not to sue, and
further agree to indemnify, defend and hold harmless the following parties, as
relevant and applicable in each instance: T.E.A.M, its members, and their
respective agents/ sponsors/ partners and associations; Boulder Valley School
District (“BVSD”), the event directors, the host organization and the facility,
venue and property owners or operators upon which the Event takes place; and
any other organizers, promoters, sponsors, advertisers, coaches and officials
for this Event; law enforcement agencies and other public entities providing
support for the Event; and each of their respective parent, subsidiary and affiliated
companies, officers, directors, partners, shareholders, members, agents,
employees and volunteers (Individually and collectively, the “Released Parties”
or “Event Organizers”), with respect to any liability, claim(s), demand(s),
cause(s) of action, damage(s), loss or expense (including court costs and
attorneys’ fees) of any kind or nature (“Liability”) which may arise out of,
result from, or relate in any way to my participation in the Event, except to
the extent caused by the gross negligence and/or willful misconduct of any of
the Released Parties. I further agree that if, despite this Agreement, I, or
anyone on my behalf, makes a claim for Liability against any of the Released
Parties, I will indemnify, defend and hold harmless each of the Released
Parties from any such Liabilities which may be incurred as the result of such
claim, except to the extent caused by the gross negligence and/or willful
misconduct of any of the Released Parties, as relevant and applicable in each
instance.
5. As a condition of my participation in the Event, I hereby
grant T.E.A.M, the event director and host organization a limited license to
use my name, likeness, image, photograph, voice, video, athletic performance,
biographical and other information (collectively, “Likeness”), in any media
platform or format whatsoever, and to distribute, broadcast and exhibit these
without charge, restriction or liability, but only for the purposes of
advertising or promoting the Event, T.E.A.M, or the sport of Athletics. The foregoing grant, however, does not
constitute consent for T.E.A.M or any third party to use my Likeness in an
endorsement of any product or service without my specific written consent.
I hereby warrant that I (or
the Guardian, if I am under the age of 18) am of legal age and competent to
enter into this Agreement, that I have read this Agreement carefully,
understand its terms and conditions, acknowledge that I will be giving up
substantial legal rights by accepting it (including the rights of my spouse,
children, guardians, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors and assigns),
acknowledge that I have accepted this Agreement without any inducement,
assurance or guarantee, and intend for my acceptance to serve as confirmation
of my complete and unconditional acceptance of the terms, conditions and
provisions of this Agreement. This Agreement represents the complete
understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
If the participant is under
the age of 18, the Guardian hereby agrees to release and discharge the Released
Parties as follows: a) The Guardian
acknowledges and understands that the Event is inherently dangerous and
represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and
understands the Risks, as defined above.
b) The Guardian acknowledges the rights waived by both the Guardian and
the participant by accepting this Agreement. c) The Guardian acknowledges that
the Guardian will indemnify the Released Parties from any and all Liability
which may arise out of, result from, or relate in any way to the participant’s
participation in the Event, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties.